Ohio Supreme Court, 1934

Union Trust Co. v. Simpson

Union Trust Co. v. Simpson
Ohio Supreme Court · Decided April 11, 1934 · Weygandt, Allen, Stephenson, Jones, Matthias, Bevis, Zimmerman
191 N.E. 4; 128 Ohio St. 154; 128 Ohio St. (N.S.) 154; 1934 Ohio LEXIS 321 (North Eastern Reporter)

Union Trust Co. v. Simpson

Opinion of the Court

It is ordered and adjudged by this court; that the judgment of the said Court of Appeals be, and the same hereby is, reversed and said cause is hereby remanded to the Court of Common Pleas of Montgomery county, Ohio, with instructions to sustain the demurrer to the petition, for the reason that statutes in derogation of the common law must be strictly construed, and under a-strict construction of Section 712, General Code, presentation of a check for certification is not a presentation for “collection and payment”. Fulton, Supt. of Banks, v. B. R. Baker-Toledo Co., post, 226.

Judgment reversed and ca/use remanded.

Weygandt, C. J., Allen, Stephenson, Jones, Matthias, Bevis and Zimmerman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.